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Meta regulation in data protection law: the risk-based approach

2020· book-chapter· en· W3094550903 on OpenAlexaboutno aff
Raphaël Gellert

Bibliographic record

Venuenot available
Typebook-chapter
Languageen
FieldSocial Sciences
TopicCriminal Law and Evidence
Canadian institutionsnot available
Fundersnot available
KeywordsDelegationStatuteData Protection Act 1998AccountabilityRisk managementScope (computer science)BusinessRisk analysis (engineering)Political scienceFunction (biology)Law and economicsActuarial scienceComputer securityLawComputer scienceEconomicsFinance

Abstract

fetched live from OpenAlex

Abstract Chapter 5 studies in depth the risk-based approach to data protection, including its rationale and its scope. It shows that it is only a partial implementation of meta regulation. Contrary to meta regulation, it refrains from delegating the regulatory function of standard setting to the regulatees. Instead of addressing all of the issues associated with the “diagnosis-prescription”diagnosis-prescription| flaw associated with command and” control (ie the selection of standards that will lead to satisfactory regulatory outcomes, and the adequate implementation/compliance with the latter), it only focuses on the better implementation of the data protection provisions. In any case, it is also predicated upon the responsibilisation, and hence, the risk transformation of data controllers’ activities. Such responsibilisation is to be found in the modern principle of accountability. Beyond the GDPR, many contemporary statutes have adopted a similar risk-based approach (even though not explicitly named as such). These include Canada’s PIPEDAPIPEDA|, Council of Europe Convention 108+Convention 108+|, etc. These various statutes are discussed and contrasted. Key to the discussion are issues such as the safeguards and type of regulatory collaboration these statutes provide for (eg data protection impact assessment), or how the risk management obligations fare in comparison to the ISO 31000 risk management StandardISO:31000 risk management Standard 2009|, which can be considered the canon in this matter. Finally, this chapter also examines a number of policy proposals that featured a different type of risk-based approach. Namely, one that espouses meta regulation’s delegation of the standard setting function to the regulatees.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.058
metaresearch head score (Gemma)0.042
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.058
Threshold uncertainty score0.307

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0580.042
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.003
Bibliometrics0.0040.002
Science and technology studies0.0040.047
Scholarly communication0.0180.023
Open science0.0050.009
Research integrity0.0140.024
Insufficient payload (model declined to judge)0.0050.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.359
GPT teacher head0.335
Teacher spread0.024 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2020
Admission routes1
Has abstractyes

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